October 25, 2016

If you have received a “Notice of Referral” and have been requested to report within 48 hours to the Pinellas County Jail on 49th Street in Clearwater, it is because you have been accused of a criminal offense. A limited number of misdemeanor offenses qualify under the new APAD program and the law enforcement officer ascertained that you may qualify for participation. Your referral to APAD enabled the law enforcement officer to avoid arresting you or issuing you a “notice to appear” in court in lieu of a physical arrest. All aspects of the APAD program are administered by the “Alternative Sentencing Unit of the Pinellas County Sheriff’s Office.

The decision to issue you a “Notice of Referral” was not discretionary on the part of the investigating officer. To the contrary, the terms of the APAD program expressly state that if the crime is one of the approved criminal offenses and the individual otherwise qualifies, the officer “shall not arrest” and “shall issue a notice of referral” to the APAD program.

It is important to understand that the APAD program is very different from the Pre-Trial Intervention Program (PTI). APAD is for people who were not arrested or charged, whereas PTI participants have been arrested or formally charged with a crime and are already involved in the criminal court system.

Where Do I Report & What Do I need to Bring With Me?

You should report to the “Reception Center” of the Pinellas County Jail located 14400 49th Street North, Clearwater, FL 33762. It will be necessary for you to bring the following three items:

1. State issued photo identification; 2. The “Notice of Referral” issued by the law enforcement officer; 3. Proof that you are covered by health insurance. If you are not covered by health insurance, you will be charged a $5.00 insurance fee to cover medical care for any injuries you could sustain while completing your community service requirement.

Why Does the APAD Program Exist?

There have been roughly 45,000 bookings into the Pinellas County Jail each year. (This number includes both felonies and misdemeanors.) The jail maintains a rather steady general population of about 2,800 inmates. Between supervising the jail, the Safe Harbor Homeless Shelter and the misdemeanor probation program, the PCSO has been managing approximately 7,000 people on an annual basis. The APAD program was developed to decrease the number of people booked into the Pinellas County Jail and prosecuted within the Pinellas County Criminal Court System. It commenced operation on October 17th, 2016. Avoiding the costly expense associated with incarceration and court proceedings was a significant factor that motivated local governmental officials to start the Adult Pre-Arrest Diversion Program. Pinellas officials justify the program in part by contending that it will keep people who commit certain offenses from having a criminal record that could interfere with their future employment, acceptance into academic institutions and avoid housing or occupational licensing problems.

What Misdemeanor Offenses Qualify for the APAD Program?

Possession of up to ten grams of marijuana or up to 20 grams if it is clearly established that the marijuana is intended solely for personal use and it does not appear ready for sale

*Multiple qualifying offenses from one incident may be referred to APAD and will be considered one referral.

Am I Eligible to Participate in APAD?

In order to qualify to participate in the program, a “risk assessment” must first be performed by an APAD staff member. It also requires compliance with all of the following conditions:

1. You must admit that you committed the criminal offense, acknowledge responsibility for your actions and accept responsibility;

2. You must agree to make restitution to the victim, if applicable;

3. You must not present a safety risk to others;

4. You cannot have a prior misdemeanor adjudication or withhold of adjudication within the preceding two years;

5. You cannot have a prior felony adjudication or withhold of adjudication within the preceding five years;

6. You must not have participated in APAD within the previous three months;

7. The maximum number of times you can participate in APAD is three times;

8. You must have sufficient ties to the Pinellas County community.

What Will Happen if I Fail to Timely Report to the APAD Office at the County Jail?

You are required to report to 14250 49th Street North, Clearwater (near the Pinellas County Jail) within 48 hours for initial screening by the APAD staff. They are responsible for program placement and for imposing appropriate sanctions. The ADAP office is open 24 hours each day, seven days a week. There is no requirement that you make an appointment.

If you fail to timely report to the APAD office the Pinellas County State Attorney’s Office mandates that the APAD staff forward your case within seven days to be reviewed for conventional prosecution within the court system. Depending on the facts and circumstances of your case, along with a review of the evidence, the State Attorney may elect to proceed with a prosecution or find that prosecution is not warranted.

Your failure to timely report or your subsequent non-compliance with the sanctions imposed in your case will cause you to be permanently disqualified from future participation in the APAD program.

If I Agree to Participate in APAD, What Penalties Can I Expect?

If it is your first time participating in APAD, you will be required to complete 24 hours of community service within thirty days;

If it is your second time participating in APAD, you will be required to complete 32 hours of community service within sixty days;

If it is your third time participating in APAD, you will be required to complete 48 hours of community service within ninety days;

The APAD staff currently has an extensive list of governmental entities and non-profit organizations from which to assign you a place to perform your community service obligation.

Other sanctions are tailored to the particular criminal offense. For example, theft related offenses could require attendance at a “shoplifter's awareness” class. If you are accused of a first time possession of marijuana charge, you will not be required to get drug counseling. However, those individuals caught with marijuana on more than one occasion will be required to attend a drug class. Both the “shoplifter’s awareness class and “drug class” are conducted by the PCSO. As a result, there is no charge for participation. If the crime entailed assault or battery, you may be required to attend an anger management class. If a victim suffered a financial loss as a result of your conduct, you will be required to make restitution.

What is the Cost of My Participation in APAD?

There are no monthly cost of supervision fees, as the program is currently fully funded by the Board of County Commissioners in the amount of $360,000 as part of the PCSO budget. All programs offered by the PCSO will be of no cost to the participant. However, program services offered by outside entities carry a fee that will need to be paid by the APAD participant.

Will I Have a Criminal Record if I Complete APAD?

If you participate in the APAD program it means that you were not booked into the county jail. Likewise, you were not issued a “Notice to Appear.” As a result:

No entry about your case will appear on the PCSO website;

Because no documents associated with your case will be filed with the Pinellas Clerk of the Court, none will be available for viewing by members of the public at the Clerk’s office. In the same vein, there will be nothing reflected on the Clerk’s Odyssey online website service;

Because you were not formally arrested or charged with a criminal offense, your name will not appear on an FCIC rap sheet maintained by the Florida Department of Law Enforcement;

Because you were not formally arrested or charged with a criminal offense, your name will not appear on an NCIC rap sheet maintained by the Federal Bureau of Investigation.

Can Anyone Discover My Participation in APAD?

You should not be misled into believing that records of your admission to the crime and participation in the APAD program do not exist and will therefore be unavailable to the public. To the contrary, in order to effectively administer the APAD program, the Pinellas County Sheriff’s Office is required to maintain a database of participants. Without such a database, they would, for example, be unable to determine how many times you have participated in the APAD program, or whether your failure to complete the program in the past makes you automatically disqualified to participate in the future.

Florida Statute Section 119.01(1) provides that “It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.” Thus, although your involvement with law enforcement will not be reflected on an FCIC or NCIC rap sheet, a public records request made to the police agency who issued you the “notice of referral” or to the PCSO who administers the APAD program would reveal information about your case.

What is the Legality of the APAD Program?

Our legal research revealed that legislation for an adult pre-arrest diversion program failed on 3/11/16 under House Bill 1031 and Senate Bill 618. The House of Representatives Staff Analysis for CS/HB 1031 concerning the proposed legislation to create F.S. ss. 901.40 for an Adult Pre-Arrest Diversion Program points out that although pre-arrest diversion programs for juveniles are authorized under Florida law, “Florida law does not specifically address adult civil citation programs or other pre-arrest diversion programs for adults.” It was for this very reason that the legislature felt the need to pass Florida Statute Section 901.40 as an “enabling act” approving pre-arrest diversion programs for adults. Thus, although the Pre-Trial Intervention Program (i.e., post-arrest “diversion”) is authorized by Florida Statute Section 948.08, no statutory approval currently exists for an adult pre-arrest diversion program.

A memorandum of understanding (MOU) “describes a bilateral or multilateral agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement.”(Emphasis added)

Pinellas County and local municipalities could have legally enacted non-criminal civil citation laws as Hillsborough County recently did for Possession of Marijuana offenses. However, Pinellas County Government officials chose not to do so. The Pinellas (MOU) is an agreement to ignore Florida Law as it pertains to the prosecution of certain misdemeanor offenses. The stakeholders appear to be agreeing to “look the other way” when it comes to certain misdemeanor crimes. They also have agreed amongst themselves not to interfere with law enforcement’s plans for the APAD Program. It is, in essence, saying “I won’t complain, if you don’t complain.”

Does The Victim Have Any Input?

There are further potential legal problems with respect to the APAD program as it pertains to victims. Six of the twelve qualifying offenses typically involve a victim. Yet, unlike the PTI program, the victim is not asked if they object to the accused’s participation in APAD. In fact, such an objection is “irrelevant” to the participant’s eligibility and plays no factor whatsoever in the case. The program solicits no input from a victim other than for an APAD staff member to inquire about the amount of restitution due. In the event of a dispute over the restitution amount, no process or procedure is available to reconcile the issue. If the accused simply fails to pay the restitution, there is no opportunity for a judge to order a default judgment in favor of the victim. In fact, the only remedy available to the APAD staff is to declare the accused “unsuccessful” in completing the terms of the program. His only penalty for failure to meet the restitution requirement will be that he is forever thereafter precluded in the future from participating in the APAD program. If more than seven days have passed since the date of the original incident, referral to the State Attorney’s office for prosecution is prohibited.

Because this was a locally created program, as opposed to a state wide initiative, there are inherent problems:

If a qualified individual is caught committing one of the specified offenses he is on track to avoid arrest unless the investigating officer is a member of the Florida Highway Patrol. That particular law enforcement agency has not agreed to participate in APAD. The absence of a state law governing the parameters of a pre-arrest diversion program gives the FHP the right to continue arresting individuals for the very same crimes the FHP’s local counterparts are writing APAD Notice of Referrals;

Let’s say Spring Break season arrives and Pinellas County gets its anticipated influx of celebrating college students. If a University of Florida college student from Gainesville is observed smoking marijuana on St. Pete Beach with a local St. Pete USF student, the investigating PCSO Sheriff Deputy will be forced to treat each person differently. The USF student avoids arrest, but the UF student lacks local ties to the community and is now saddled with a criminal record. If you are a local Pinellas County resident, you avoid arrest and prosecution. But if you are a tourist or snow bird and violate the law, you will arrive on vacation and leave on probation.

The Separation of Powers Problem

The government of the United States and the State of Florida is based on the concept of “limited government,” also referred to as a system of “checks and balances.” Generally, this principle is illustrated by the fact that the government is divided into three different branches, each with its own powers and responsibilities. The Legislative Branch is responsible for creating the law, the Executive Branch is responsible for enforcing the law, and the Judicial Branch is responsible for administering and interpreting the law. Because each branch of government has its own duties and powers, none of the branches of government can become all powerful or in full control of any one aspect of the law.

The APAD Program fundamentally violates the Separation of Powers doctrine because it establishes law enforcement as the creator, enforcer, and administrator of the law. In essence, the “stake holders” have, without the authorization of the Florida Legislature, designated certain misdemeanor offenses that are no longer “crimes” in the practical sense and decided that they will simply not make an arrest despite the existence of probable cause to believe a crime has been committed. The police then administer the law through a system of “punishments” or “sanctions” designed by the very same agency that made the accusation of criminal conduct. The court system is completely circumvented, along with all of the protections afforded by the U.S. Constitution, the Florida Constitution, the Florida Statutes, and 240 years of legal jurisprudence. Said another way, the APAD Program is a method for law enforcement to accuse a person of a crime, extract an admission of guilt, impose a punishment, and then ascertain whether the participant fulfilled the terms of the punishment. The fear of a system that operates in this manner has long found expression in the saying, “Judge, Jury, and Executioner.”

In Constitutional Law, a violation of the Separation of Powers by one branch of government into the affairs of another branch of government is referred to as “encroachment.” Historically The U.S. Supreme Court and the Florida Supreme Court have shown very little tolerance for efforts to drain power from one branch of government for the purpose of consolidating it in another branch.

Violation of Constitutional Rights

The United States Constitution and the Florida Constitution guarantee certain rights to every person who is accused of a crime. These rights were not arrived at by accident. Rather, the bitter experience of the founding fathers during the colonial period leading up to the American Revolution caused them to enshrine these protections in the document that set forth how the United States was to be governed forever after. The founding fathers had seen first hand how forced confessions, deprivation of legal counsel, and secret courts had been used as effective instruments of oppression and tyranny.

The APAD Program runs afoul of many of the protections that are guaranteed by the U.S. and Florida Constitutions. These problems include:

No right to counsel (A violation of the sixth amendment);

Requiring a confession or admission to a police officer at the time of the investigation in order to avoid arrest (a violation of the right to remain silent found in the fifth amendment, commonly referred to as “Miranda Warnings”);

Treating similarly situated people differently (a violation of equal protection as found in the 14th amendment);

Selectively prosecuting/arresting certain misdemeanor offenses while “diverting” other misdemeanor offenses arbitrarily (a violation of due process protections in the fifth amendment and equal protection as found in the 14th amendment); and

Imposing a punishment without providing an individual with the right to examine the evidence against him, confront witnesses, or otherwise contest the charge (a violation of the fifth, sixth, and fourteenth amendments).

The Legal and Practical Questions Raised by the APAD Program are Cause for Concern

The questionable authority in creating the original APAD program absent enabling statutory legislation;

The failure of the program to be employed by all law enforcement agencies empowered with enforcing the law within Pinellas County;

The program’s failure to properly address the rights of crime victims;

The failure to make the program available in an equal and fair manner to all persons accused of a “qualifying” criminal offense within the borders of Pinellas County;

The encroachment of the executive branch (i.e., law enforcement) into the judicial branch;

The routine violation of due process, right to counsel, and the right to remain silent that is inherent in the program;

The securing of a coerced admission to the crime based on a promise that if the accused person admits to the offense he will avoid arrest; and

Ask a Police officer or Sherriff’s Deputy What They Think of the New APAD Program

You are likely to get an ear full. Common comments include “Who gives the Sheriff of any county the right to supersede state law?” Police officers will tell you about the cumbersome and time consuming nature of the APAD program and its ramifications on victim’s rights. They are also full of “war stories” where an individual’s criminal conduct was egregious and clearly underserving of diversion. Yet, because of the lack of discretion on the part of the cop and the mandatory eligibility aspect of the program, the officer had no choice in the matter but to let the offender walk away. If you do not have the opportunity to speak to a law enforcement officer, you can get a feel for their distaste of the APAD Program by clicking the “Read Comments” link and viewing their online discussions.

Does Our Law Office Provide Legal Representation for APAD Clients?

No.

Our office is comprised of three highly experienced criminal defense attorneys. Each of us previously served as a state prosecutor. We only represent clients who have been formally arrested or charged with DUI, misdemeanor and felony offenses. Because the APAD Program does not involve the court system and is, in our opinion, not authorized by Florida Law, we are unable to offer any help or advice to individuals who find themselves given a “Notice of Referral.”

August 23, 2011

The news media has been rightfully fixated on the increasing number of drug overdose deaths in the sunshine state. This month, the Florida Medical Examiners Commission found that almost eight Floridians a day are dying as a result of prescription pain medication abuse. Despite the overwhelming success of Pinellas County's Drug Court, the Clearwater / St. Petersburg area holds the distinction of leading the state in the number of reported prescription pill related deaths.

Scoring Pain Pills - The Old Fashioned Way

Pain pills are commonly secured through doctor shopping and prescription fraud scams that can lead to an arrest for felony drug possession charges. Through this course of illegal conduct, many addicts unknowingly set themselves up for serious minimum mandatory prison sentences that are mandated by Florida's serious drug trafficking laws. What they later learn, is that by simply possessing certain quantities of the pills, it is "presumed" they are drug traffickers, despite their intent to only feed their addiction and their total disinterest in selling or distributing the drugs.

Securing pills the "old fashioned way," is about to become a more riskier endeavor. That's because Florida's prescription drug database is scheduled to go live on September 1, 2011.

The prescription drug database will monitor patients who allegedly “doctor shop,” by going from doctor to doctor requesting pain pill prescriptions. This new computerized system will also allow doctors to have ready access to information that will enable them to decide whether to prescribe certain narcotic medications to patients based on their pain pill prescription history.

With the raging pain pill epidemic, robberies of drug stores have reached record levels. The New York Times recently reported that in the last three years alone, 1,800 pharmacists were victims of violent crime in the workplace. It is interesting to note that Florida, California, Washington, Indiana and Ohio lead the nation.

Coming Soon to a Pharmacy Near You...

It is no wonder that thirty-three states and the District of Columbia are now using vending machines to dispense prescription medications. Major drug store chains enjoy enormous cost savings by cutting back on the number of pharmacists they employ. There are also obvious safety benefits associated with the otherwise rash of violent crimes directed at that industry/occupation.

"InstyMeds" vending machines are akin to an ATM with the simplicity of a soda machine. The physician prepares a prescription with a web based software application that includes a personalized security code. The patient thereafter enters his code number along with his date of birth on to the machine's keypad and the medication is dropped into a bin like a Diet Pepsi. See: An ATM for What Ails You

Heist the ATM or Steal the Drug Vending Machine?

Thefts of ATM machines are common place. The Internet hosts plenty of security camera videos showing the brazen efforts of individual loading these heavy steel cased machines into the trunks of cars or into the beds of pick up trucks. One such video boasts of an ATM theft in only 36 seconds, Although the exact total number of nationwide ATM thefts is unavailable, some figures show the apparent ease and popularity of this serious offense. For example, last year Texas experienced over 100 ATM thefts and in the last twelve months, the city of San Diego alone saw 28 machines heisted.

Addiction can be stronger motivator than mere greed. Likewise, impaired people often exercise poor choices. With that said, you have to wonder if these new prescription pill vending machines will become an obvious target and contemporary method of illegally securing pain medications.

November 09, 2010

Law enforcement in the St. Petersburg / Clearwater area are stepping up their efforts to crack down on the sale of stolen property in Pinellas County pawn shops. Pawn shops or Pawn Brokers have historically been an ideal place for thieves and burglars to unload their stolen goods in exchange for quick cash. Business at local pawn shops has been good, given the prescription pill epidemic and the high unemployment rate.

Computer Assisted Matching

New tools and old instincts are helping the Police better investigate and solve these crimes. Law enforcement agencies are assigning more detectives to specialized "property" divisions that exclusively handle the often related crimes of burglary, dealing in stolen property, and providing false information to a pawnbroker.

These detectives are given the daunting task: of scrutinizing the vast inventories of pawnshops to identify stolen property. While that might seem like a near-impossible feat, new technological innovations are making it more manageable. The Florida Department of Law Enforcement now maintains a statewide database of pawnshop inventories and requires that employees of all pawn shop stores log each transaction with information identifying the object acquired and a description of it.

However, because the database does not require a minimum description length, the information that law enforcement often receives regarding a particular item can sometimes be of limited value. Essentially, the database will accept whatever level of descriptive detail that the pawnshop submits. Despite the shortcoming of the database, these technological advances are nevertheless assisting law enforcement in their investigation of pawn shop inventories and the recovery of stolen goods.

Old Fashioned Leg Work

Few tools are as effective as a police detective's unrelenting "legwork" and his close scrutiny of details. Consider the following techniques that can often link a pawn shop item to its true owner:

1. Detectives examine pawned items for any markings left by the original owner. Oftentimes jewelry and other sentimental possession will have names engraved or etched into them by the true owner. Sometimes even less expensive items such as books, sports equipment, and even clothing have been inscribed with a name or initials.

2. When scrutinizing electronic goods, detectives often locate the serial numbers assigned to the device, and cross-reference that number with a list of goods reported stolen. If there's a match, law enforcement moves quickly to seize the item and then locate the perpetrator who pawned it.

3. If a law enforcement officer finds a name or other identifying mark on the item, they compare the geographic locations of the named individual and the pawnshop itself. Say, for example, that a police officer examines the inventory of a pawnshop in St. Petersburg. There, they find several pieces of women's jewelry sold to the shop by the same male customer. The officer reviews the pawnshop's records closely and determines that the customer who brought all of the jewelry into the shop lives a great distance away in Apopka. The geographical distance between Apopka and St. Petersburg will "raise a flag" and make the officer ask himself "Why would this customer bring that jewelry all the way to St. Petersburg?" From there, an investigation is launched into the seller of the jewelry for a possible grand theft, retail theft or dealing in stolen property charge.

Efforts to distinguish legitimately pawned items from stolen goods can take a lot of police time and effort. Sometimes a law enforcement officer can get lucky, while in other cases, it can be like looking for a "needle in a haystack." However, extra manpower and technological advances are making the pawning of stolen items increasingly easier to detect and routinely prosecute.

Arrested for a Theft related offense in Pinellas County? We Can Help!

Arrested for a Theft Offense in Pinellas County? We Can Help!

We are experienced criminal defense lawyers who regularly handle theft, dealing in stolen property, and other related offenses arising out of the St. Pete /Clearwater area. Visit our website to learn about possible solutions to your theft related charge.

Contact our office for a free consultation with an attorney at: (727) 578-0303

June 06, 2010

It used to be that if someone wanted personal information about you, they would have to commit to spending a good deal of time and effort. But today, that information is just a mouse click away. Is this readily accessible data fueling identity theft crimes in the Pinellas County area? Some folks think it is.

New Website Offers Up Some Very Personal Information

Many people are shocked to learn that a new website called Spokeo enables anyone with a computer to access what you might have otherwise thought was very personal information about you and your family. What's more, this information is instantly available by simply typing in a name and clicking the search button - no questions asked.

Not your Grandma's Phone Book

Spokeo was created by four college roommates at Stanford University who tout their service as "not your grandma's phonebook." Emerging out of the recent trend of people search engines like dirtsearch and pipl the site collects names, addresses, phone numbers, and real estate data from public record sources. While there is nothing illegal about the Spokeo site and the collection of public data is nothing new, Spokeo has taken data mining one step further by compiling the records into full demographic profiles. However in a seemingly more invasive twist, Spokeo now uses the additional information and photographs gleaned from social networking sites like Facebook to add more detailed information to each personal profile. It crawls the web gathering information from such sources as marketing surveys, mailing lists, courthouse records, and government census data. It then presents all the data in a single organized place.

What's With the Name?

"Spokeo" is a slang word used as a metaphor for the spokes of a wheel to radiate from the center or hub that interconnect. The developers defend privacy concerns by contending that their site is simply an "information aggregator". But, Lillie Coney, associate director at the Electronic Privacy Information Center says that "making personal information so easily available opens a Pandora's box of privacy concerns." The site receives millions of hits per day. Despite its cutesy name, Spokeo has been angering a lot of people.

Does the New Spokeo Website Reveal Too Much?

A basic profile search of your name on Spokeo can reveal your address, phone number, age, gender, ethnicity, zodiac sign, marital status, education level, occupation and home ownership status. But that's only the beginning. For a small fee, a more in-depth request will reveal your personal interests and hobbies. This may include which sport you play, what kind of books you read, your taste in music and even the automobile manufacturers you prefer. Then there are credit estimates, your wealth level, and even the value of your home. Searchers can scroll down to view a breakdown of your household and the number of people that live with you. Do you have a fireplace or swimming pool? How about any children? If you think this is beginning to sound a little creepy, you are not alone. Deborah Berry of the Pinellas County Department of Justice and Consumer Affairs warns that "the days of private information are all but gone" and "to a certain extent, it's too late to hide."

Defending Those Persons Charged With Identity Theft

As criminal defense attorneys, we have have taken an oath and strongly abide by our obligation to zealously defend individuals charged with identity theft offenses just as we would with any other criminal offense. However, the punitive nature of Florida law and the far reaching impact on the victims of these types of cases can require a careful and well planned strategy.

Florida Statute Section 817.569 makes it a criminal offense to use information from public records to facilitate or further the commission of a misdemeanor or felony offense. Likewise, Florida Statute Section 817.568 is a comprehensive statute that attempts to foresee, outline and prohibit every conceivable method of securing or improperly using personal identity information. A careful reading of the latter statute reveals that the penalties for these offenses can be harsh. More importantly, where there are multiple victims, Florida Statute Section 817.568(2)(b)&(c) mandates minimum mandatory state prison sentences of three, five and ten years depending on the exact number of victims.

Identity theft victims often take advantage of their rights under Florida Statute Section 960.001(1)(a)(5). This "victim's rights" provision empowers them with the ability to be present in the courtroom and to speak in aggravation in the criminal prosecution. As you know, it is not uncommon for the "squeaky wheel to get the grease." For that reason, a coordinated strategy is very important in order to overcome the emotionally charged atmosphere that a complaining identity theft victim can create in the courtroom.

If you have been charged with identity theft, grand theft, worthless check, scheme to defraud or any other felony fraud base offense it is important to meet with a lawyer as soon as possible. At a free consultation we can discuss how to avoid post arrest publicity. We can also evaluate all of your options and develop a strategy that is in your best interest.------------------------------------------------------------------------------------------------------

If you have been charged with identity theft, fraud or a theft related offense in St. Petersburg, Clearwater, or any other area within Pinellas County, we are lawyers who can help. Contact our office at (727) 578-0303 for a free consultation.

June 26, 2009

Online networking sites like Facebook and MySpace can be great ways to find old friends and keep up to date with new ones. However, many people who use these websites do not realize that law enforcement may be watching. In fact, police departments in the St. Petersburg and Clearwater area are increasingly beginning to rely on the information posted on these websites as effective aides to ongoing investigations. Below are some recent examples of how not being discreet with your online postings can get you arrested.

The Serial Cat Killer

According to the Miami Herald, police were able to track down a suspect accused of mutilating more than a dozen cats through statements he apparently made on Facebook and MySpace. Although Miami police did not specify what these statements were, they did tell the Herald that they used the online networking sites to track the 18 year-old for weeks. For more on the story see: Suspect Arrested in cat killings.

The Pinellas County Fugitive

In a story recently reported by the St. Petersburg Times, police were only able to apprehend an alleged drug trafficker who fled to England after a determined Pinellas prosecutor tracked the Gulfport suspect down on MySpace. The prosecutor, a former Army Special Forces member trained in finding people, began his investigation by setting up phony profiles on MySpace and periodically checking the MySpace pages of people who he knew to be friends of the fleeing suspect. After several of the friends left suspicious messages on each other’s “walls” about a man they called “Neo,” the prosecutor tirelessly searched MySpace for a “Neo” that fit his defendant’s description. Sure enough, after two years of searching, the prosecutor discovered a MySpace profile for a man who called himself “Neo” but was clearly the fugitive for which the prosecutor had been searching. London police then arrested the suspect and returned him to Pinellas County where he now faces up to 105 years in prison. See: Internet Trail Trips Up Fugitive.

Teenage Thieves Pose for Pictures with ill-gotten Gains

Hillsborough police found suspects of a robbery In the Apollo Beach area through MySpace. The teenage suspects posed for photos with stolen laptops, televisions and firearms. They posted those pictures to their MySpace pages, which led investigators right to their door. The seven men await charges ranging from burglary to grand theft of the 3rd degree. See: Teenage thieves post stolen items on MySpace.

The Thief with Foolish Friends

In another Tampa Bay case, a detective was able to track down an alleged thief who stole expensive jewelry when the detective reviewed a suspect’s MySpace page. After looking at the page, the detective followed a link to one of the suspect’s friend’s pages only to find pictures of the friend wearing the very jewelry that had been reported stolen. Police were able to recover the jewelry and thereafter arrest the thief who had inadvertently left his guard down by merely linking his MySpace page to a friend he had given the jewelry. See: MySpace Page Leads to Arrest

Be Careful What You Post - It May Come Back to Haunt You

As online networking sites solidify themselves as popular means of self-expression and communication in today’s society, law enforcement agencies continue to find ways to use them in their investigations. However, it is important to note that online evidence is not gathered only in the pre-arrest investigation stage of a criminal case. Persons already charged with a crime should be aware that the information they post online after their arrest can also be used against them. See: Avoiding Post Arrest Publicity.

Online information posted after your arrest can be used against you in a variety of ways:

The state may be able to use information you post online as "additional evidence" that they lacked at the time of your arrest. This bonus evidence is used to bolster their case and increase their chances to secure a conviction;

The state will use your reckless online comments as an "admission of your guilt."

The state may use virtual evidence in an effort to convince the court to impose a harsher sentence. For example, introducing damaging online postings during a sentencing hearing that suggest you have no remorse over your illegal conduct.

In other words, if you have been charged with a crime in the St. Petersburg/Clearwater area, you should stay away from the Internet and instruct your friends and allies to do the same.

Mounting a Defense to Already Posted Online Information

If information about your Pinellas County case has already been posted online and subsequently discovered by the Pinellas County State Attorney's Office, you should have experienced St. Petersburg / Clearwater Criminal Defense Attorney carefully review this evidence. For example:

We would analyze the manner in which law enforcement gathered the online information to determine whether the state collected the evidence unlawfully. If the state gathered online information contrary to Fourth Amendment protections, we can seek to have the evidence suppressed.

It could be difficult for the state to prove exactly who made the alleged statement or admission online. We may be able to argue that it was not you who made the statements, but rather some other person.

It can sometimes be difficult for the prosecutor to prove the meaning of virtual statements. Because it is impossible to see someone’s body language and hear their tone of voice when conversing online, it may be challenging to interpret the true intent behind their statements. Take a recent case out of Port Orange, for example. According to Fox35 News, when a defendant was charged with violation of probation by making illegal statements to a minor on Facebook, her attorney was able to convince the judge that the defendant’s online conversation was completely innocent. In other words, we may be able to argue that your allegedly incriminating statements were taken out of context or should be interpreted in a different way.

If you have been charged with a criminal offense in the St. Petersburg or Clearwater area, our law office can help. See: Our Track Record

The following links may be of assistance in addressing some of your immediate concerns:

1. A merchant or individual receives a check that is dishonored for “insufficient funds” (NSF) or a "closed account";

2. The recipient of the bad check sends a certified letter to the address on the check demanding that the check be made good. Note that this action is required for a worthless check prosecution to commence under Florida Statute ss. 832.062(4) in cases where the check was dishonored due to insufficient funds in the bank account;

3. The certified letter is returned because the person who wrote the check has typically moved from the address;

4. The State Attorney’s Office receives the check for prosecution and files a charging document or “Information” alleging the criminal offense of “Receiving Property or Services in Exchange for Worthless Check.” This has the effect of setting a court date before a Pinellas County Criminal Court Judge;

5. The Pinellas Clerk of Court sends a “Notice to Appear” requiring the check writer of the upcoming court date to the check writer at the address on the check;

6. Of course, the notice of the court date is never received because the check writer has long since moved from the address; and

7. At the scheduled court date, the check writer is not present because they never received notice of the court date. At that point, the judge issues a warrant for their arrest.

Given this very common set of circumstances, many of our clients are tremendously surprised to learn that a Pinellas County warrant for their arrest exists and that law enforcement is actively seeking to take them into custody. Fortunately, we are St. Petersburg / Clearwater criminal defense lawyers with a recognized reputation for excellence in the Pinellas County legal community.

The first step is to set an expedited court date before the judge assigned to your case. At this court date we will seek to have the judge withdraw the warrant. A central feature of our argument to the Court is to demonstrate to the judge that you never received notice of the court date to begin with. Upon hearing this, it is highly likely that the judge will withdraw the warrant since your alleged “Failure to Appear” was not willful.

Secondly, we must address the issues surrounding the “Worthless Check” allegation itself. There are a number of options, defenses and solutions that may be available in an “Obtaining Property or Services in Exchange for a Worthless Check” charge. These may include:

Inspecting the check to verify that it was in fact written by you, and that you are not the victim of a fraud or identity theft;

In the case of an “insufficient funds” check, reviewing your account balances at the time the check was written for evidence that demonstrates the lack of fraudulent intent on your part;

Resolving the matter by paying the outstanding check, court fines and costs, and the returned check fee, but avoiding formal conviction; or

Seeking your entry into Pre-Trial Intervention or a “Diversion” program that will result in the complete dismissal of the charge.

The charge of “Obtaining Property or Services in Exchange for Worthless Check” is a serious offense that could forever brand you as a convicted felon or as a person convicted of a “crime of dishonesty or untruthfulness.” Don’t take chances with your reputation, employment opportunities, and freedom! We are Pinellas County Criminal Defense Lawyers who know how the system works. Call us today to discuss how we can help you avoid a conviction for a bad check and the steps that can be taken to seal or expunge your criminal record.

If you have an outstanding arrest warrant for a “Worthless Check” charge, call our office at (727) 578-0303 for a free consultation. We can discuss your options right over the phone. Even if you have a pending Pinellas County criminal case and live out of state, we may be able to resolve your “Worthless Check” charge without the necessity for you to return to Florida or appear in court.

The Law Offices of Russo & Russo Former State Prosecutors877 Executive Center Drive West Suite #112 St. Petersburg, FL 33702

April 03, 2009

The number of people being arrested or charged in Pinellas County for theft of utilities is greatly on the rise. With many residents out of work, Progress Energy is reporting an immediate increase of 15% in the number of theft related cases. Maxwell Wright, the lead investigator for the company supplying electrical services to the St. Petersburg / Clearwater area believes people are economically struggling. He coined the term "survival mode" in describing how former law abiding people are now often driven to violate the law. See: Electricity Thefts Surge in Bad Times.

Marijuana growing operations are increasingly found to utilize theft of electricity measures. Such tactics are often necessary to avoid costly power bills associated with indoor or hydroponic farms that require significant artificial lighting. The theft of power not only results in sizable power bill savings, but eliminates enormous utility consumption that often draw law enforcement's attention and signal illegal "grow' operations. See: Pot Farm House Goes Up in Smoke.

Progress Energy reported recently that they get between 11,000 to 12,000 investigative tips per year concerning the theft of their electrical power. So how are these thefts taking place?

Homeowners tap into the power source before it gets to their meter;

Power customers tamper with the kilowatt meter. The meters are manipulated to make them "under-register" the actual power used. A common method employed with older meters was to utilize a powerful "braking" magnet on the outside of the meter that was designed to slow the recordation of the kilowatt usage.

Tampering with the electrical power is not only a violation of the criminal law but can lead to devastating consequences such electrocution and deadly fires. See: People Risk Death to Steal Power. See also: Pot Farm Goes Up in Smoke

The theft of utilities causes other customers to pay higher rates on their own utility bills. Something not forgotten in the Pinellas County Criminal Justice Center. Prosecutors often urge judges not to take these offenses lightly arguing that theft of utilities not only affects the power company, but victimizes all innocent consumers.

March 25, 2009

A recently released crime report by the City of St. Petersburg reveals an increase in theft related offenses. The St. Petersburg Times likewise reported that although auto thefts were down in 2008 by a significant 36%, larceny offenses increased by 6%. Many observers attribute the increased arrests for such offenses as robbery, burglary and theft related offenses to the sagging economy and the ever increasing unemployment numbers. Across the bay, the Tampa Police Department also reported a 9% increase in theft related offenses. See: Recession Fuels Bull Market for Shoplifting

These increased arrest numbers are consistent with nationwide statistics recently published by the Federal Bureau of Investigation that reveal an overall rise in the number of arrests for shoplifting offenses over the past two years. The Retail Industry Leaders Association directly attributes the current increase in shoplifting, fraud and theft offenses to the poor economy. The association surveyed 52 major retailers across the country. A whopping 84% of those retailers surveyed, reported a clear increase in theft related offenses. Likewise, an online survey recently conducted by Retail Systems Research (RSR) revealed that Employee theft of goods and cash are currently top retailer concerns.

All of these findings are consistent with the number of new clients arriving at our St. Petersburg law office facing recent Pinellas County arrests for theft related offenses. Charges by the Pinellas County State Attorneys Office are not limited to misdemeanor retail theft offenses... which are often elevated to felony Grand Theft offenses if the property taken exceeds $300.00. Rather, clients are also arriving in increased numbers seeking help for Felony Grand Theft charges arising out of employee theft allegations. Sometimes the client’s problems are escalated when the amount of cash taken escalates the offense to a felony level, or the stolen property is later pawned. This later conduct often results in an additional charge of Dealing in Stolen Property.

With the current recession, both retailers and employers have stepped up their efforts at detecting and reporting retail and employee thefts to local law enforcement. Theft related offenses carry burdensome consequences. If a conviction occurs for a Grand Theft or Dealing in Stolen Property offense, the accused becomes a convicted felon. Even if the theft is categorized as a misdemeanor, (such as a retail theft of goods valued under $300.00), a conviction still carries significant employment and licensing ramifications. The underlying reason is that although the theft offense may not be a felony, it is still deemed a crime involving untruthfulness or dishonesty.

If you have been arrested for a theft related offense in St. Petersburg / Clearwater or other area within Pinellas County, the Law office of Russo & Russo can help. Call us at: (727)578-0303 for a free consultation.

January 16, 2009

What was once considered a cost of doing business, has now been turned into a money-making endeavor by store owners. Retailers are threatening to sue persons caught shoplifting in their stores for something called “civil recovery.” Civil recovery is where a retailer seeks to recover statutory damages from an individual who was arrested or charged with Retail Theft. (See: Florida Statute Section 812.015) Civil recovery is not a new remedy, but the procedure is fairly unknown.

Here is how it works. A retailer accuses a person of stealing a t-shirt valued at $10.00. The shopkeeper detains the person and acquires their personal information. The accused individual, surrenders the merchandise to the retailer and is arrested or charged by law enforcement with “Retail Theft.” This is where civil recovery comes into play. The retailer then turns over the person’s name, address, and telephone number to a law firm specializing in this type of action. Under Florida law, civil recovery enables the merchant to then recover a $200.00 damage amount from the shoplifter. (See: Florida Statute Section 772.11) This recovery is designed to offset the expense of their store’s overall loss prevention costs. The National Retail Federation claims that the money retailers collect through civil recovery is "minimal" compared with their fraud losses and store security expenses.

Our office routinely hears complaints from clients that they have been receiving intimidating phone calls, letters, and threats of a lawsuit from a law firm representing a shopkeeper. Of course, the person who could not afford the $10 t-shirt surely cannot afford this statutory “minimum $200.00 damage amount that has been set by the Florida Legislature. To add insult to injury, the same law allows for the merchant’s recovery of attorney fees and other costs - should the shoplifter contest the merchant’s civil recovery but ultimately lose the action in court.

The statute mandates that before the retailer files a lawsuit against the shoplifter, written demand for the $200.00 must be sent to the accused. That is where the correspondence sent by the law firm comes in. Many of our clients who are arrested or charged with Retail Theft subsequently receive such a letter from a law firm demanding the payment of this $200.00 sum. The correspondence often upsets our clients and simply adds additional unnecessary stress to their ongoing concern over their pending criminal prosecution. Clients are likewise confused by the letters, since in most cases, the stolen merchandise was recovered by store personnel at the time of their arrest. Clients repeatedly ask us “wouldn’t that eliminate the need for the store to collect restitution?” But what they don’t understand is that the demand for this money has nothing to do with restitution. In fact, it has absolutely nothing to do with their criminal prosecution commenced by the Pinellas County State Attorney's Office.

The truth of the matter is that bringing a law suit seeking a $200.00 sum can be an expensive and rather risky proposition on the part of the merchant. There would of course, be the additional cost associated with paying their lawyer to draft the lawsuit and attend subsequent court proceedings. Likewise, the Pinellas County Clerk of Court will require a filing fee for the lawsuit in the amount of $80.00. Furthermore, the issuance of the summons will set the merchant back an additional $10.00. Finally, the initial legal pleadings (called a “complaint,”) has to be served by an official with the Pinellas County Sheriff’s Office or a licensed process server. That represents an additional expense of about $40.00. Even if the merchant subsequently prevails in his lawsuit, there could be substantial additional costs associated with his litigation to enforce or collect on the judgment.

These are the considerations the merchant is forced to ponder if he chooses to pursue his $200.00 remedy beyond the measly amount he expended by sending his "threatening" form letter. It becomes even more difficult for the merchant if the person accused of shoplifting is “judgment proof.” Which is legal slang used by attorneys to describe an individual who has no assets from which to collect against the court awarded judgment. In other words, “you can’t squeeze water from a stone.” The Wall Street Journal reported that the Florida law firm Palmer Reifler & Associates handles "civil recovery" claims for 48 different merchants, including Wal-Mart and Walgreens. The lawyers in this firm send out about 1.2 million civil recovery demand letters a year, but follow up by suing fewer than 10 times per year.

Click Here: to learn your options if you have been charged with a theft offense in St. Petersburg, Clearwater or any other area within Pinellas County.

Click Here: to learn about avoiding a criminal conviction in Pinellas County